All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The Defendant (misunderstanding of facts) did not commit an indecent act against the victim.

B. In light of the victim’s trust and expectation of normal treatment, the Defendant, as a doctor 1), was guilty of an indecent act committed by force, even though he was sufficiently assessed as an indecent act committed by force in light of the nature and attitude of the victim’s eye during the treatment, by taking advantage of the victim’s expectation as to the act of indecent act. The lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2) The sentence of the lower court’s unfair sentencing (eight months of imprisonment, two years of suspended sentence, and forty hours of the lecture for sexual assault treatment) is deemed to be too uneasible and unfair.

2. Determination

A. In light of the spirit of the substantial direct trial principle adopted by the Criminal Procedure Act regarding the Defendant’s assertion, the first instance judgment was clearly erroneous in its determination as to the credibility of the statement made by the witness of the first instance trial in light of the contents of the first instance judgment and the evidence duly examined by the first instance court.

Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of a statement made by a witness of the first instance court by taking account of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of pleadings, the appellate court shall not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of a statement made by a witness of the first instance court is different from the appellate court’s judgment (see, e.g., Supreme Court Decision 2015Do2551, Apr. 15, 2016). The Defendant asserted to the same effect as the grounds for appeal in this part of the lower judgment, and the lower court found the Defendant guilty of the facts or circumstances acknowledged by the evidence employed by the evidence in detail, and found the Defendant guilty of the charges.